Terms and Conditions

1. DEFINITIONS

1.1 Company Identification

BritishPost is a trading name of Marketize Ltd a company registered in England and Wales and will be referred to as “the company,” “our,” or “we” throughout this document.

1.2 Customer Identification

The individual or entity listed on the Distribution Request Form or Client Account Application will be referred to as “the customer” or “client.”

1.3 Agreement Scope

This document outlines the terms and conditions governing the distribution services provided by the company. By engaging our services, the customer agrees to comply with these terms.

2. MATERIAL REQUIREMENTS

The following specifications apply to all materials submitted for distribution:

2.1 Physical Specifications

• Items must be single sheets unless prior special arrangements have been made and agreed upon in writing.

2.2 Attachments

• Items must not contain staples, pins, or any other attachments that could hinder distribution.

2.3 Size Specifications

• Items must be no smaller than A7 and no larger than A1 in size.

2.4 Weight Specifications

• Each leaflet must weigh less than 400 grams.

2.5 Uniformity

• All flyers must be identical in size and weight to ensure consistency during distribution.

2.6 Content Limitation

• Each item must advertise a single business and must not contain competing advertisements.

2.7 Print Quality

• All materials must be printed on high-quality paper to withstand handling and adverse weather conditions during distribution.

2.8 Prohibited Content

• Materials must not contain any content deemed offensive, defamatory, or illegal according to relevant laws and regulations. The company reserves the right to refuse distribution of such materials.

3. SUPPLY INSTRUCTIONS

3.1 Booking Confirmation

• Bookings can be confirmed verbally or through written communication. A completed campaign order form must be returned by email, fax, or post.

3.2 Delivery Location and Deadline

• All promotional materials must be delivered to British Post at Millmead Business Centre, London N17 9QU, no later than 6:30 p.m. on the agreed date.

3.3 Collection Service

• For orders where printing is arranged or the distribution value exceeds £250, we will collect materials from the customer’s address or local printer within London at no additional cost. For smaller distributions or longer distances, a collection fee of £1 per mile may apply.

3.4 Carton Weight Limit

• No carton should exceed 15 kg in weight to ensure safe handling.

3.5 Carton Content Uniformity

• Each carton or bundle must contain only identical items to facilitate efficient distribution.

3.6 Labelling

• Each carton or bundle must be clearly labelled with the customer’s name for easy identification.

3.7 Job Identification

• If more than one job or campaign is being handled concurrently, the job number or distribution area must be clearly visible on each carton.

3.8 Distribution Costs and Specifications

• The distribution cost covers the specified number of leaflets, packaged securely, and adhering to the agreed specifications as per these terms and the order confirmation. We reserve the right to charge extra or exclude any stock that does not meet these specifications from the distribution schedule.

3.9 Handling Delays or Errors

• In the event of a delay or error in the quantity of items supplied, distribution will occur at the next earliest opportunity. We will notify the client as soon as possible regarding any delays or discrepancies in supply. If the materials delivered differ significantly from the information provided on the order form or as previously agreed, we reserve the right to cancel the distribution campaign or charge the client for any differences necessary to complete the work. If a campaign is cancelled due to incorrect material descriptions, the client must pay the collection charge and any administrative costs incurred due to the cancellation.

4. DISTRIBUTION AND GPS TRACKING

4.1 Campaign Timing and Delivery Area

• Distribution typically occurs within one week of the specified campaign start date, targeting households within the areas or postcodes defined in the client’s order form. We make every reasonable effort to deliver to all addresses within the designated area. However, the customer acknowledges that access to certain properties may be restricted, or circumstances may make delivery unsafe, and therefore, no guarantees are provided for 100% penetration of addresses.

4.2 Weather and Time Constraints

• While we strive to meet delivery deadlines, adverse weather conditions or other unforeseen circumstances may affect the timing and method of distribution. Clients should communicate any specific deadlines early in the planning stage.

4.3 Method and Timing Variability

• The company reserves the right to adjust both the method and timing of the distribution as necessary due to circumstances beyond our control.

4.4 Geographic Specifications

• Distribution is carried out using UK postcodes and sectors. For more specific distribution requirements, the company may charge up to £35 per map for alterations or amendments.

4.5 GPS Technology

• We use GPS technology to ensure safe and reliable delivery of promotional materials. This data is primarily for internal use and is not typically shared with clients.

4.6 Delivery Schedule

• The company will endeavor to deliver materials between the specified start and finish dates on the order form. We reserve the right to alter the delivery method and timing at our discretion and are not liable for delays or non-distribution caused by factors beyond our control.

4.7 Delivery Limitations

• The company will make reasonable efforts to deliver promotional material to businesses and residential addresses within the agreed geographical locations. However, we cannot guarantee delivery to all addresses within these locations. The maximum achievable penetration level is 80%. The client accepts this limitation based on the competitive pricing and limited warranty offered.

4.8 Environmental Considerations

• The company is committed to sustainable practices and will make efforts to minimize environmental impact. This includes optimizing distribution routes and utilizing eco-friendly materials where possible.

5. DISTRIBUTION QUERIES

5.1 Reporting Issues

• The company commits to investigating any distribution-related queries reported within 48 hours. Sufficient information must be provided by the client to conduct the investigation. Results will be reported to the client within 14 days, and relevant documentation will be available for inspection at our offices.

5.2 Resolution of Shortfalls

• Any identified shortfalls in distribution will be rectified through subsequent delivery, considered fulfillment of the contract. If rectification is not feasible, credit will be offered in proportion to the shortfall. The company’s liability is limited to the distribution contract value.

5.3 Response Responsibility

• The customer acknowledges that the company cannot control the response rate from delivered items and is not responsible for the number or quality of responses. It is the customer’s responsibility to verify the accuracy of materials, such as contact details, before release to the company. Failure to do so is not acceptable grounds for delaying or withdrawing distribution without penalties.

5.4 Letterbox Count Accuracy

• Letterbox counts provided on our website are estimates for guidance purposes only. Actual figures may vary due to factors such as newly converted flats, immigration, or new buildings. Therefore, we are not responsible for any shortfall in delivery to any postcode sector.

6. CANCELLATION, ALTERATIONS, AND TERMINATIONS

6.1 Contract Termination

• Either party may terminate the contract with five days’ written notice sent to the other party’s last known main trading address.

6.1.1 Refund Policy

• No refund will be provided for late cancellations that breach the notice period requirement in clause 6.1.

6.2 Notice for Cancellation or Alteration

• One month’s notice is required for any cancellation or alteration to distribution without penalty. Failure to provide this notice may result in the company recovering reasonable costs related to the planned distribution.

6.3 Immediate Termination

• Distributions will cease immediately, without notice or penalty, if the customer is subject to legal actions such as bankruptcy, administration, or dissolution. All outstanding debts to the company become immediately due.

7. PAYMENTS

7.1 Prepayment Requirement

• All orders must be prepaid in full via cleared funds unless otherwise agreed in writing by the company, subject to a satisfactorily completed account application form.

7.2 No Set-Off Policy

• No set-off will be allowed for any reason.

7.3 Dishonored Payments

• A charge of £35 will be applied to dishonored payments.

7.4 Late Payment Surcharge

• Account payments not made by the due date will incur a late payment surcharge of 20% of the invoice, applied on the 5th day after the due date and monthly thereafter.

7.5 Consequences of Non-Payment

• Failure to pay the due sum may result in the suspension or cancellation of deliveries without notice. Cancellation charges will apply as per Clauses 5.1.1, 5.1.2, or 5.1.3.

7.6 Legal and Financial Actions

• In the event of legal or financial actions against the customer, such as bankruptcy or administration, all monies owed to the company become immediately due.

8. CONTENT REQUIREMENTS

8.1 Order Acceptance

• Orders are accepted based on the content meeting the requirements outlined in these terms and conditions.

8.2 Compliance with Regulations

• The customer must ensure that all items conform to our regulations and any relevant legislation, regulations, or codes of practice.

8.3 Right to Refuse Orders

• The company reserves the right to cancel or refuse any order, in full or part, without explanation. We will not accept items that infringe the Code of Advertising Practice or British Code of Sales Promotion Practice and will follow Advertising Standards Authority guidelines.

8.4 Content Restrictions

• The company reserves the right to refuse or deliver items that:
  • Are likely to cause embarrassment to the company, employees, contractors, or recipients.
  • Bring or are likely to bring the company into disrepute.
  • Are prohibited or restricted by law, regulation, or guidelines.
  • Do not comply with Clauses 2.1 to 2.6.
  • Are dangerous or endanger staff members.

8.5 Pricing Applicability

• The quoted price applies only to the distribution of items for individual advertisers or businesses promoting their goods, services, or functions through specifically printed material.

8.6 Shareplan Scheme

• If the material is delivered within a shareplan scheme, marketing additional businesses or services must be disclosed at booking and will incur an additional 10% charge per major business sector.

8.7 Multi-Adverts Material

• Materials containing multiple adverts must be identified at booking and may require solus distribution to avoid trade conflicts.

8.8 Exclusivity Agreement

• Failure to disclose additional products or services that may conflict with the business exclusivity agreement may result in distribution cancellation or delay, with applicable charges.

8.9 Intellectual Property

• The customer warrants that all materials submitted for distribution do not infringe on any third-party intellectual property rights. The customer agrees to indemnify the company against any claims arising from such infringement.

9. COMPLAINTS PROCEDURE AND GUARANTEES

9.1 Reporting Complaints

• Any complaints regarding delivery or distribution must be reported within 48 hours of campaign completion.

9.2 Complaint Submission

• Complaints must be submitted via email to [email protected] or by post to Millmead Business Centre, London N17 9QU, addressed to the ‘Complaints Management Officer.’ We may take up to 30 days to investigate and resolve complaints.

9.3 Delivery Guarantee

• British Post does not guarantee delivery to all letterboxes within a postcode sector, town, or area part of any distribution campaign.

9.4 Reprint and Redistribution

• British Post will reprint and redistribute promotional materials or provide a refund only if:
  • Confirmation delivery maps were not provided via the client access portal as proof of delivery.
  • The complaints procedure was followed as per clauses 9.1 and 9.2.
  • There is clear, indisputable evidence that the campaign in question was not delivered.

9.5 Letterbox Count Estimates

• Letterbox counts provided to clients are estimates and should not be considered actual quantities. As this data is provided by third parties, we do not guarantee the accuracy of letterbox counts.

10. GENERAL TERMS

10.1 Contract Basis

• These terms and conditions form the basis of the distribution contract and override any conflicting terms and conditions related to this contract.

10.2 Jurisdiction

• This agreement is deemed to have been made in England and is subject to English law. All parties agree to the exclusive jurisdiction of the English courts.

10.3 Communication

• All notices and communications to the company should be delivered to British Post T/A Marketize Ltd, Unit 52 Battersea Business Centre, London SW11 5QL, United Kingdom.

10.4 Enforcement of Terms

• The failure of the company to enforce any term or right at any time does not constitute a waiver and shall not affect the company’s right to enforce it later.

10.5 Data Protection

• The company will handle all client data in compliance with the UK Data Protection Act and General Data Protection Regulation (GDPR). We will not share client information with third parties without consent, except as required by law.

10.6 Confidentiality

• Both parties agree to keep all information regarding the distribution campaign confidential, except where disclosure is required by law or agreed upon in writing by both parties.

11. MONITORING

11.1 Communication Monitoring

• When communicating with British Post, you agree that all conversations via email or telephone may be recorded for internal monitoring and legal purposes.

11.2 Quality Assurance

• The company conducts regular quality checks on distribution activities to maintain high service standards. This may include spot-checks and audits of distribution routes and materials.

12. LIABILITY AND INDEMNITY

12.1 Limitation of Liability

• The company’s liability for any loss or damage arising from the distribution services, whether in contract, tort, or otherwise, shall not exceed the value of the distribution contract. The company is not liable for any indirect, incidental, or consequential losses, including loss of profit, goodwill, or business opportunity.

12.2 Indemnity

• The customer agrees to indemnify and hold the company harmless against all claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including legal fees) incurred by the company as a result of any breach by the customer of these terms and conditions, including but not limited to any claims related to intellectual property infringement or the content of distributed materials.

12.3 Force Majeure

• The company is not liable for any delay or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, governmental regulations, or natural disasters. The company will notify the customer as soon as practicable of any such event.

12.4 Insurance

• The company maintains appropriate levels of insurance to cover liabilities arising from its business operations. Details of insurance cover are available upon request.

13. DISPUTE RESOLUTION

13.1 Negotiation

• In the event of a dispute arising out of or in connection with this agreement, the parties shall first attempt to resolve the dispute amicably through negotiation.

13.2 Mediation

• If the dispute cannot be resolved through negotiation, either party may request that the dispute be referred to mediation in accordance with the procedures of an agreed-upon mediation service provider. Both parties will share the costs of mediation equally unless otherwise agreed.

13.3 Legal Proceedings

• If mediation fails to resolve the dispute, either party may commence legal proceedings. This agreement shall be governed by and construed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English courts.

14. AMENDMENTS AND VARIATIONS

14.1 Amendments

• The company reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the customer in writing and will take effect 30 days after such communication unless the customer objects in writing within that period.

14.2 Variations

• Any variations to these terms and conditions must be agreed upon in writing by both parties. This includes any special arrangements or conditions specific to the customer’s distribution campaign.

15. ASSIGNMENT

15.1 Assignment by the Company

• The company may assign or transfer its rights and obligations under this agreement to any third party without the customer’s prior consent, provided that the third party agrees to comply with these terms and conditions.

15.2 Assignment by the Customer

• The customer shall not assign or transfer any of its rights or obligations under this agreement without the prior written consent of the company.

16. ENTIRE AGREEMENT

16.1 Comprehensive Understanding

• This agreement constitutes the entire understanding between the parties concerning the subject matter and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. Each party acknowledges that it has not relied on any representation, warranty, or undertaking other than those expressly set out in this agreement.

17. SEVERABILITY

17.1 Severability Clause

• If any provision of this agreement is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The validity and enforceability of the remaining provisions shall not be affected.

18. THIRD-PARTY RIGHTS

18.1 Exclusion of Third-Party Rights

• A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

19. NON-SOLICITATION

19.1 Non-Solicitation Agreement

• During the term of this agreement and for a period of one year following its termination, the customer agrees not to directly or indirectly solicit or offer employment to any employee of the company who has been involved in the provision of services under this agreement without the company’s prior written consent.

20. CUSTOMER RESPONSIBILITIES

20.1 Material Submission

• The customer is responsible for ensuring that all materials are submitted to the company in accordance with the specifications outlined in these terms and conditions.

20.2 Timely Communication

• The customer agrees to provide all necessary information and respond promptly to any queries from the company to facilitate the smooth execution of the distribution campaign.

20.3 Compliance

• The customer shall comply with all applicable laws, regulations, and codes of practice in relation to the distribution of promotional materials.

20.4 Intellectual Property

• The customer warrants that it holds all necessary rights and licenses for any intellectual property used in the materials submitted for distribution. The customer agrees to indemnify the company against any claims arising from a breach of this warranty.

21. COMPANY RESPONSIBILITIES

21.1 Service Delivery

• The company shall provide distribution services in accordance with the terms and conditions outlined in this agreement, using reasonable skill and care.

21.2 Customer Support

• The company will provide customer support to address any queries or issues related to the distribution campaign in a timely and efficient manner.

21.3 Compliance

• The company shall comply with all applicable laws, regulations, and codes of practice in relation to the distribution of promotional materials.

21.4 Quality Assurance

• The company will conduct regular quality checks to ensure that distribution services meet the agreed-upon standards.

22. DATA PROTECTION

22.1 Data Handling

• The company will process any personal data provided by the customer in accordance with the UK Data Protection Act and the General Data Protection Regulation (GDPR). Personal data will be used solely for the purposes of providing distribution services and will not be shared with third parties without the customer’s consent, except as required by law.

22.2 Data Security

• The company employs appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or damage.

22.3 Data Retention

• Personal data will be retained for as long as necessary to fulfill the purposes for which it was collected or as required by law. Upon completion of the distribution services, the company will securely delete or anonymize personal data as appropriate.

23. CUSTOMER FEEDBACK

23.1 Feedback Mechanism

• The company values customer feedback and encourages clients to share their experiences and suggestions for improvement. Feedback can be submitted via email or through our website’s contact form.

23.2 Continuous Improvement

• The company is committed to continuous improvement and will use customer feedback to enhance its services and processes.

24. ETHICAL STANDARDS

24.1 Ethical Practices

• The company is committed to conducting its business ethically and with integrity. This includes compliance with all applicable laws, regulations, and industry standards.

24.2 Anti-Corruption

• The company has a zero-tolerance policy towards bribery and corruption. Employees and contractors are prohibited from offering, giving, soliciting, or accepting any bribe or improper inducement in connection with the company’s business activities.

24.3 Corporate Social Responsibility

• The company endeavors to operate in a socially responsible manner, including efforts to reduce environmental impact, support community initiatives, and promote diversity and inclusion within the workplace.

25. TERMINATION

25.1 Termination for Convenience

• Either party may terminate this agreement for convenience upon giving thirty (30) days’ written notice to the other party.

25.2 Termination for Cause

• Either party may terminate this agreement immediately upon written notice if the other party commits a material breach of this agreement and fails to remedy such breach within fourteen (14) days of receiving written notice specifying the breach and requiring its remedy.

25.3 Effect of Termination

• Upon termination of this agreement for any reason, the customer shall immediately pay any outstanding amounts owed to the company. The company shall cease all distribution services and return any remaining materials to the customer at the customer’s expense.